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· 1/15/1872

Swanston v. Ijams

Citations

  • 63 Ill. 165

Syllabus

<p>Action for money had and received—whether a payment was voluntary or compulsory—taxes illegally assessed. Where a. party paid taxes illegally assessed, and the only compulsion arose from the fact that his land was liable to sale under a void judgment, which could pass no title, it was held, that such payment could not be regarded as made under duress, and an action for money had and received would not lie against the county treasurer, to whom the taxes were paid, to recover them back.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \[A] mere remaining in possession under the terms of a parol contract of purchase of land is not sufficient to take the contract out of the statute of frauds.\
  • \[A] mere remaining in possession under the terms of a parol contract of purchase of land is not sufficient to take the contract out of the statute of frauds.\
  • mere continuance of possession taken under a contract made prior to an oral purchase contract will not take the case out of the Statute of Frauds

Source: CourtListener parenthetical corpus (CC0).

Judges: Lawrence

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.